Mathew Scaria vs The State Of Kerala
2024 Latest Caselaw 33012 Ker

Kerala High Court

Mathew Scaria vs The State Of Kerala on 14 November, 2024

                                          2024:KER:85549
                            1
WP(C) No.16707 of 2020

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR. JUSTICE P.M.MANOJ

THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,

                          1946

                WP(C) NO. 16707 OF 2020

PETITIONERS:

    1    MATHEW SCARIA, AGED 52 YEARS, S/O. SCARIA,
         KOONAMANAYIL HOUSE, MULLARINAD P.O, IDUKKI
         DISTRICT 685 607

    2    JAMES JOSEPH, POOKAITHAPARAMBIL, MULLARINGAD,
         IDUKKI DISTRICT 685 607


         BY ADVS.
         VIJAI MATHEWS
         SRI.ROY ISAAC
         SRI.JOSEPH THEKKEKURUVANAL


RESPONDENTS:

    1    THE STATE OF KERALA
         REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT
         SECRETARIT, THIRUVANANTHAPURAM 695 001

    2    THE STATE POLICE CHIEF,
         POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695
         001

    3    THE DISTRICT POLICE CHIEF,
         IDUKKI , PAINAVU 685 603

    4    THE DEPUTY SUPERINTENDENT OF POLICE,
         IDUKKI PIN 685 601

    5    THE STATION HOUSE OFFICER,
         KALIYAR POLICE STATION, KALIYAR, PIN 685 582
                                                       2024:KER:85549
                                   2
WP(C) No.16707 of 2020


    6          THE DISTRICT COLLECTOR,
               IDUKKI , CIVIL STATION, PAINAVU 685 603

               BY ADVS.
               SRI.K.V.SOHAN, STATE ATTORNEY
               SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL

               SRI.SHYAMPRASANTH.T.S,GOVERNMENT PLEADER


        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME   UP   FOR
ADMISSION       ON   14.11.2024,   THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                     2024:KER:85549
                                 3
WP(C) No.16707 of 2020

                            JUDGMENT

Dated this the 14th day of November, 2024

The writ petition is preferred seeking for a direction

to the respondents to ensure that parishners including the

petitioners are not harassed and obstructed from

participating in the parish sacraments including holy mass in

St.Mary's Malankara Church, Mullaringad, Idukki district. In

fact it is a fractional dispute between two sects within

Christianity, which is a long pending dispute.

2. The writ petition is filed in the year 2020. No

interim order has been granted in this matter till date and it

is pending before this Court for the last four years.

3. Under such circumstances, I am of the view that

this writ petition can be closed, as there is nothing survives in

this writ petition.

Accordingly, this writ petition is closed.

sd/-

P.M.MANOJ JUDGE das 2024:KER:85549

APPENDIX OF WP(C) 16707/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN RFA NO.

135/2019, DATED 11-3-2020

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

11182/2020, DATED 16-07-2020

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE DIOCESAN METRO POLYTAN, DATED NIL.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED NIL.